99% Invisible Constitution Breakdown #4: Janet Napolitano
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Nov 28, 2025 
Janet Napolitano, former U.S. Secretary of Homeland Security, shares her insights on executive power and immigration policy. She discusses the rapid launch of DACA and its focus on young immigrants, arguing that raids can erode trust within communities. Janet highlights the need for comprehensive immigration reform and critiques the reliance on executive orders, warning of potential instability. The guest also emphasizes the importance of clear roles for state and federal forces, while urging reforms to improve government institutions.
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Rapid Birth Of DACA
- Janet Napolitano recounts creating DACA and getting the president's Rose Garden announcement within weeks.
- Her team built forms, set fees, and trained staff to process hundreds of thousands of applications in record time.
DACA As Prosecutorial Choice
- Napolitano frames DACA as prosecutorial discretion rooted in limited enforcement resources.
- She emphasizes prioritizing recent border crossers, criminals, and terrorism risks over long-settled undocumented youth.
Trust Measures For Applicants
- Napolitano describes trust-building measures for DACA applicants, keeping records in USCIS and not sharing with ICE.
- She warns current applicants to be cautious because data sharing has since expanded across agencies.
